Seeking A Court Order On Spouses Pension

P

Peter54

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I've sought legal advise on the above but any further input would be more than grateful.

I'm legally separated over twenty years. When divorce became legal I did try and end the marriage but my ex-wife wouldn't hear tell of it and made my life a living hell.

I've asked my solicitor to write to her again seeking divorce but again have heard nothing back.

I've asked solicitor to seek a court order on my spouses pension and he was hesitant.
 
What exactly is your question?

Your wife can't stop you from divorcing her, but as you said if you still have connections (children, friends, etc) she can make your life difficult.

Your solicitor may be hesitant to look for an order on her pension because he reckons that she would gain more than you from a division of assets.
 
Thank you for your response.

All my children have now left home bar one; all are self reliant. I fought tooth and nail to have access to my children over the years and no doubt they will never speak to me again if I bring their mother to court. This is the only reason my solicitor is hesitant on taking this case any further.

My ex is clearly the wealthier of the two while I'm living on the breadline. She was a high ranking civil servant.

I suppose my question is whether Judges take kindly to men seeking court orders on their wife's pension . . .
 
It would seem to me that you're conflating two separate items
1. Divorce
2. Dosh

Are you seeking 1 to get 2? Your solicitor should have advice on this. You don't need the consent of your ex to get a divorce, however if you are seeking money now 20 years after the event you would be complicating matters.

Have you been paying maintenance for your children the past 20 years? Was any formal separation agreement put in place?
 
It is more to do with whether proper provision was made for both of you when you got the separation. If it was, it is unlikely that the Court will make new provision. Although, in theory, spouses can always seek maintenance and, by extension of that, pension orders, where parties have been separated a long time and maintenance has not been sought, in the past, it is debatable whether a Court will order payment now.

Without knowing any of your financial details, no-one could give a definitive answer. There is also the element of risk involved every time you go to Court - you might get nothing and be hit for costs, you might get a benefit. Unless you try it, you will never know.

mf
 
Yes 100% always paid maintenance, school fees etc.

I'm not going to lie I am seeking 1 to gain 2. If the shoe was on the other foot she wouldn't think twice about doing the same to me.

We both signed a declaration that neither would go after each others properies but never mentioned pensions.
 
Jim2007 said:
And what exactly do you think a pension is, if it is not property

Jim.
Click to expand...

In fairness, 20 years ago pensions were not really regarded as an integral part of a deal in separation. Further, I suspect that the parties signed what is called a Deed of Waiver- waiving any interest in houses to be acquired.

mf
 

I have to say that's fairly pathetic in my mind.
 
I don't think it's pathetic at all. I think people would see it more acceptable if the OP was a woman.
 
As long as Peter has not signed away his rights he is perfectly entitled to go after a pension or any other asset particularly if Peter does not have the means to support himself.
 
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